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Brazil police probe environment minister over timber exports
Legal News Feed |
2021/05/19 17:38
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Brazil’s Federal Police on Wednesday carried out searches to investigate whether Environment Minister Ricardo Salles and other key figures within the ministry facilitated illegal timber exports to the U.S. and Europe.
The Supreme Court authorized the search of nearly three dozen locations in Sao Paulo state, the Amazonian state of Para and Brazil’s federal district, according to a police statement.
The operation stems from a decision of the court’s Justice Alexandre de Moraes, who ordered the investigation of 10 officials at the ministry and the regulatory agency.
Nine of them were preventatively suspended from working, including agency President Eduardo Bim — but not Salles — according to a copy of de Moraes’ May 13 decision made public on Wednesday. He wrote that there appeared to be a contraband scheme with Salles’ involvement.
Local media G1 reported Salles told reporters in capital Brasilia that he understood the police operation to be overblown and unnecessary, and said his ministry always acts in accordance with laws. The ministry and regulator didn’t respond to requests for comment from The Associated Press.
The justice’s decision alleged that officials issued several certificates retroactively authorizing specific timber shipments after their seizure abroad and that subsequently, in February 2020, Salles and Bim met with lumber companies and lawmakers about exports from Para state.
Bim soon issued an order retroactively loosening requirements for “thousands of loads exported between 2019 and 2020 without respective documentaion,” de Moraes wrote. The judge’s decision also suspended Bim’s order.
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Montana bill seeks to charge doctors assisting in suicides
Legal News Feed |
2021/03/01 11:37
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The Montana Senate is considering a bill that would make it illegal for doctors to help terminal patients take their own life.
The bill heard by the Senate Judiciary Committee on Friday would open doctors up to possible homicide charges if they prescribe a lethal dose of medication at the request of their patients.
A 2009 state Supreme Court decision protects doctors from prosecution for the practice, though it is not explicitly allowed in state law.
Supporters of the bill said that allowing physician-assisted death would send the wrong message to those considering suicide in the state. Montana has one of the highest suicide rates in the U.S.
“Once allowed this is a severely slippery slope,” said bill sponsor Republican Sen. Carl Glimm. “We need to show in every way we can that suicide is wrong.”
Opponents of the bill made clear that medically assisted death is not related to the state’s suicide rate. The practice is only available to those suffering from terminal disease.
“Medical aid in dying is not suicide. These patients are not depressed ? they are dying. There is a very big difference,” said Dr. Colette Kirchhoff, a hospice and palliative care physician from Bozeman. “It’s a way to alleviate suffering.”
Leslie Mutchler, the daughter of Robert Baxter, the plaintiff in the Montana Supreme Court case that allowed the practice, testified in opposition to the bill. Her son chose physician assistance to end his life in 2016 after being diagnosed with terminal pancreatic cancer.
“He gained so much peace of mind when he was able to obtain the life-ending medication from a physician,” Mutchler said. “It’s not suicide. It’s a life that is already ending. It is just a way to hasten it.”
Several states allow physician-assisted suicide, including California, Colorado, Hawaii, Maine, New Jersey, Oregon, Vermont and Washington.
Similar measures to criminalize physicians for the practice have faltered in Montana in every legislative session in the past decade ? when the bills have died before reaching the governor’s desk.
This year, the bill may find a more favorable fate with the support of the administration of Gov. Greg Gianforte, the state’s first Republican governor in 16 years. Lt. Gov. Kristen Juras testified in favor of the bill on Friday, saying the governor supports the measure.
Juras said two of her grandchildren are diagnosed with cystic fibrosis, a disease that causes persistent lung infections and over time reduces lung capacity.
“We are committed to walking with them through the hard days. I do not want you to send them the message when they have a tough day that suicide is an acceptable option,” she said. |
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Georgia high court rejects latest Trump election appeal
Legal News Feed |
2020/12/14 11:39
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President Donald Trump has lost his latest legal challenge seeking to overturn Georgia’s election results, with the state Supreme Court’s rejection late Saturday of a case from Trump’s campaign and Georgia Republican Party Chairman David Shafer.
The suit - similar to other Trump team legal challenges, which made baseless allegations of widespread fraud in Georgia’s presidential election - was initially filed Dec. 4, then rejected by the Fulton County Superior Court because the paperwork was improperly completed and it lacked the appropriate filing fees.
The case was subsequently appealed directly to the state Supreme Court, asking justices to consider the case before Monday’s meeting of the Electoral College. In a brief order, justices wrote that “petitioners have not shown that this is one of those extremely rare cases that would invoke our original jurisdiction.”
It’s the latest legal setback in the president’s efforts to overturn the election results. On Friday the U.S. Supreme Court rejected a lawsuit backed by Trump seeking to overturn Democrat Joe Biden’s election victory, a move that ended a desperate attempt to get legal issues rejected by state and federal judges before the nation’s highest court.
Even as lawsuits filed by Trump and his allies have been rejected around the country, the president has continued to make repeated baseless claims of widespread fraud. In Georgia, he has rained criticism on Secretary of State Brad Raffensperger and Gov. Brian Kemp, both fellow Republicans.
Raffensperger has been steadfast in his defense of the integrity of the election in the state, and Kemp has said he has no power to intervene in elections.
Results certified by Raffensperger last month showed that Biden led by a margin of 12,670 votes, or 0.25% of the roughly 5 million ballots cast. An audit involving a hand count of the paper ballots also showed Biden won.
Last week, Raffensberger again recertified the state’s election results after a recount requested by Trump confirmed once again that Biden won the state, and the governor then recertified the state’s 16 presidential electors.
“We have now counted legally cast ballots three times, and the results remain unchanged,” Raffensperger said during a news conference at the state Capitol. |
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Cosby’s sex assault conviction goes before high-level court
Legal News Feed |
2020/12/01 16:48
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Pennsylvania’s highest court questioned Tuesday whether Bill Cosby’s alleged history of intoxicating and sexually assaulting young women amounted to a signature crime pattern, given studies that show as many as half of all sexual assaults involve drugs or alcohol. Cosby, 83, hopes to overturn his 2018 sex assault conviction because the judge let prosecutors call five other accusers who said Cosby mistreated them the same way he did his victim, Andrea Constand. The defense said their testimony prejudiced the jury against the actor and should not have been allowed.
“That conduct you describe ? the steps, the young women ? there’s literature that says that’s common to 50% of these assaults ? thousands of assaults ? nationwide,” Chief Justice Thomas G. Saylor said during oral arguments in the Pennsylvania Supreme Court. “So how can that be a common scheme?”
The prosecutor, in response, offered more precise details about the relationships, saying Cosby used his fame and fortune to mentor the women and then took advantage of it. And he sometimes befriended their mothers or families.
“There was a built-in level of trust because of his status in the entertainment industry and because he held himself out as a public moralist,” said Assistant District Attorney Adrienne Jappe, of suburban Philadelphia’s Montgomery County, where Constand says she was assaulted at Cosby’s estate in 2004.
“The signature was isolating and intoxicating young women for the purpose of sexually assaulting them,” Jappe said.
Cosby, 83, has served more than two years of his three- to 10-year prison sentence for drugging and molesting Constand, whom he met through the basketball program at his alma mater, Temple University.
Courts have long wrestled with decisions about when other accusers should be allowed to testify in criminal cases. It’s generally not allowed, but exceptions are allowed to show a signature crime pattern or to prove someone’s identity. The state’s high court appears eager to address the issue, and in doing so took on the first celebrity criminal case of the #MeToo era. The court typically takes several months to issue its opinion.
Judge Steven T. O’Neill had allowed just one other accuser to testify at Cosby’s first trial in 2017, when the jury could not reach a verdict. The #MeToo movement took hold months later with media reports about movie mogul Harvey Weinstein and other men accused of sexual misconduct. |
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